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Assault with Intent to have Sexual Intercourse with a Child Between 10 and 16

Assault with intent to have sexual intercourse with a child between 10 and 16 is an offence under section 66D of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison where the child was between 14 and 16, or 16 years in prison where the child was between 10 and 14.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You assaulted a child that was at least 10 but less than 16 years of age
  2. You intended by doing so to have sexual intercourse with the child, and
  3. You knew or were reckless as to the age of the child, or you had no reasonable grounds to believe the child was that age

‘Sexual intercourse’ is defined as:

  1. The penetration to any extent of a female’s genitalia, or the anus of any person, by any part of, or object used by, another person, or
  2. The introduction of a penis into the mouth of another person, or
  3. Cunnilingus, or
  4. The continuation of any of these activities

You ‘assaulted’ a child if:

  1. You caused the child to fear immediate and unlawful violence, or you made unauthorised physical contact with the child
  2. The child did not consent, and
  3. Your actions were intentional or reckless

Duress is a defence to the charge.

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